Bonded Mobility Service License Contract

TERMS AND CONDITIONS

1. GENERAL

1.1 BONDED MOBILITY, company, registered in the Republic of Kenya at the address: P.O Box 10472-00400 (hereinafter referred to as the "Company"),hereby offers to use the Service available at https://BondedMobility.com (hereinafter referred to as the “Site”) and further described in section 2 hereof (hereinafter referred to as the “Service”) to corporate client seeking mobility Mobility Solution providers for official use (hereinafter referred to as the “Hirer”) under the terms and conditions described herein. This Agreement shall come into force and become legally binding for the Company and the Hirer (hereinafter referred to as the “Parties”) at the moment when the Hirer first time starts to use the Service.

1.2 When starting to use the Service, the Hirer shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the Hirer’s disagreement with any provision of this Agreement, the Hirer shall not use the Service.

1.3 The Company reserves the right to change this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. A notice on any changes to this Agreement shall be sent to the e-mail address specified by the Hirer during the registration process in the Service. By continuing to use the Service, the Hirer confirms his acceptance of the revised Agreement and all of the terms incorporated therein by reference. The Company encourages the Hirers to review the Agreement frequently to ensure that the Hirer understands the terms and conditions that apply when he uses the Service. If the Hirer does not agree to the revised Agreement, the Hirer shall stop to use the Service.

1.4 In this Agreement, the following terms shall have the following meanings:

«Acceptance» means the acceptance by a Hirer of an Offer sent by the Mobility Mobility Solution Provider to the Hirer through the Service;

«Service Database» means the database containing information about Mobility Mobility Solution Providers, organized on the Site, which is a part of the Service;

«Service Agreement» has the meaning given to it in section 2.2 hereof;

«Request» means a Hirer's request sent with the use of the Service to search for a Mobility Mobility Solution for specific Rent;

«Application» means a form posted on the Site and filled by the Hirer at registration on the Site;

«Company» has the meaning given to it in section 1.1 hereof;

«Personal Account» means a closed section of the Service accessible only by its owner (Hirer) and containing the information about the User, service settings, history of Requests accomplished using the Service, the information on Requests, etc. The Personal Account is also used for communication between the User, Mobility Mobility Solution Provider and the Company;

«Offer» means an offer of the Mobility Mobility Solution Provider to provide a Mobility Solution with the indication of certain terms, which is sent by the Mobility Mobility Solution Provider via the Service;

«Mobility Mobility Solution Owner» means a legal entity, an individual entrepreneur or an individual registered in the Service and intending to provide a for rent to Hirers via the Service;

«Hirer» has the meaning given to it in section 1.1 hereof;

«Site» has the meaning given to it in section 1.1 hereof;

«Service» means the Company’s software which enables the Mobility Mobility Solution Owners to post information about the Mobility Solution for rent, distributes information about the received Hirers' Requests to the Mobility Mobility Solution Owners and allows the Mobility Mobility Solution Provider to send Offers to the Hirers and the Hirers to accept such Offers;

«No Show Event» is a situation when a Hirer and the Mobility Mobility Solution Provider have entered into the Mobility Mobility Solution Provision Agreement through the Service, but (i) the Mobility Mobility Solution Provider did not appear at an agreed place for the Rent at the start time of the Rent, or (ii) the Mobility Mobility Solution Provider did not provide the Mobility Solution in the agreed place of its handover at the agreed time, or (iii) the Mobility Mobility Solution Provider supplied the Mobility Solution which does not comply with the terms of the Rent Agreement as they were agreed with the User, or (iv) the Hirer paid any amount of the Rent Price did not appear at an agreed place for the Rent at the start time of the Rent nor within 3 hours after such agreed start time of the Rent;

«Parties» has the meaning given to it in section 1.1 hereof;

«Rent» is a single service of Mobility Solution provision for temporary or long-term use by the Mobility Mobility Solution Provider to the Hirer that can be described by a minimum set of specific terms: the starting time, the places where the service starts and ends and the price;

«Rent Price» is the price indicated in the Offer for the Rent of a certain Mobility Mobility Solution provided and the additional services related to such Rent.

2. DESCRIPTION OF SERVICE

2.1 The Service allow the Hirer to rent a Mobility Solution chosen from the Service Database under the terms agreed by the Hirer and the Mobility Solution Owner. The Hirer may send a Request to the Mobility Solution Provider on his own terms or expressly agree the terms offered by the Mobility Solution Provider for a certain Mobility Solution.

2.2 In order to start using the Service and getting access to the Service Database the Hirers shall register and pass the authorization process on the Web-site as a client. You may use the Service as a client only if you are aged 18+ and have an actual driving license. In order to receive the Rent offers and minimizing the risk of refusal for Rent from the Mobility Solution Provider we recommend the Hirer to upload the necessary legal documents pertaining to the solution required in their Personal Account.

2.2.1 The Hirer may send the Requests for the Rent for his/her own usage and for the additional clients subject to uploading the copies of such persons’ driving licenses to his/her Personal Account and directly specifying in the Request a person who will be the client (renter). In case of conclusion the Rent Agreement in favor of the additional client via the Service the Hirer remains fully liable under such Rent Agreement.

2.3 The Hirer acknowledges and agrees that:

(А) The Hirer’s ability to obtain the Mobility Solutions for rent from the Mobility Solution Provider via the Service does not establish the Company as a provider of the Rent or as a Mobility Solution Provider for a specific Rent. When the Hirer finds an appropriate Mobility Solution and choses the options of the specific Rent and pays the price of the Rent, he shall be deemed to have entered into a Rent Agreement with the Mobility Solution Provider but not with the Company.

(B) Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information from the Mobility Solution Provider to the Hirer through the Service. The Company shall not be liable for the credibility of the information passed as well as for the dues and in good faith performance of the Mobility Solution Owner’s obligations within any agreements between the Mobility Solution Provider and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages caused by the Service, or in any way determined by the use of the Service.

(C) The Service, the software used for the provision of the Service and other content of the Site through which the Service are available (including but not limited to the, Bonded Mobility logo and other logos and registered trademarks) are protected by the Company’s or third parties’ intellectual property rights.

The Hirer is hereby granted a limited, non-exclusive, revocable, non-Rentable license to: (i) access and use the respective intellectual property solely in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the Hirer’s personal, non- commercial use. Any rights not expressly granted herein are reserved by the Company.

(D) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.

(E) The Hirer enters into this Agreement at its sole risk and understanding that the Service and any information provided to the Hirer are provided “as is” and “as available”.

(F) The relations between the Hirer and the Company during the use of the Service fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the Hirer have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.

(G) For granting the license specified in subpar. (C) above the Hirer pays to the Company a service fee in the amount of 0% of the Rent Price and the amount of compensation of insurance coverage, and for the long-term Rent (subscription) in the amount of 0% of the Rent Price and the amount of compensation of insurance coverage. Such fee shall be paid at every use of the Service by the User, i.e. at Rent booking and payments made in accordance with Section 3 below.

3. PAYMENTS

3.1 The Rent Price shall be specified by the Mobility Solution Provider in the Offer. After choosing a Mobility Solution Provider, the Hirer pays the Rent Price as per the terms agreed with the Mobility Solution.

3.2 The Hirer agrees that the Company has the right to add to any amounts payable via the Service any processing fees and charges of the payment systems, which are due under the relevant agreements between the Company and its banks and/or payment systems. The Hirer also agrees that the Rent Price with any charges may be debited from the Hirer’s bank/card account in other currency than one previously selected, if the payment in a specific currency and/or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment.

4. CANCELLATION OF RENT AND REFUND POLICY

4.1 The Hirer may unilaterally cancel a Rent booked and fully or partly paid for by sending an e-mail to the Service support address support@Bonded Mobility.com.

5. USER’S REPRESENTATIONS AND WARRANTIES

5.1 The Hirer represents and warrants at all times that the Hirer continues to use the Service that:

(A) the Hirer has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the Hirer has full power, authority and capacity to comply with this Agreement and his obligations contained herein;

(B) the User’s compliance with this Agreement is lawful and his obligations hereunder are legally binding and valid;

(C) the Hirer has carefully and thoroughly read and understood this Agreement;

(D) the Hirer is and shall always be compliant with this Agreement;

(E) in entering into this Agreement the Hirer has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement;

(F) all information provided by the Hirer is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Company enters into this Agreement with him in reliance on the representations and warranties set out in this section and is enabled to decline entering into the Agreement on the grounds of reasonable doubts in reliability of the information provided by the User.

6. HIRER’S ONGOING OBLIGATIONS

6.1 The Hirer shall:

(A) regularly monitor and review any announcements connected with the Service made on the Site;

(B) purchase and use the Service only for the purposes and in the manner expressly permitted by this Agreement;

(C) notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect;

(D) not engage in any activity that interferes with or disrupts the Service in any way;

(E) keep, and be fully responsible for keeping, the information required to access its account (including the password) confidential, secure, intact and under control at all times;

(F) not remove any copyright, trademark or other proprietary notices from any portion of the Service;

(G) not reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, Rent, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company;

(H) not decompile, reverse engineer or disassemble the Service except as may be permitted by applicable law;

(I) not link to, mirror or frame any portion of the Service;

(J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;

(K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;

(L) not use or reference in any manner the Company's names, logos, product and service names, trademarks or services marks;

(M) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the Hirer accesses the Service;

(N) observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service;

(O) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.

7. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY

7.1 The Hirer hereby accepts that, to the fullest extent permitted by law:

(A) no warranty is given in respect of the Service or any information provided to the User; and

(B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:

(i) any implied warranties of merchantability, fitness for a particular purpose or non- infringement of the Service;

(ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the Hirer via the Service or in connection with it, at any time or from time to time;

(iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.

8. LIMITATIONS OF THE COMPANY’S LIABILITY

8.1 To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:

(A) any inaccuracy, incompleteness or delay in any information provided to the Hirer;

(B) any transaction failure which may occur when the Hirer seeks to make payment;

(C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;

(D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);

(E) termination of this Agreement at any time and for any reason;

(F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;

(G) any war, riots, epidemics, acts of God, epidemics, restraints imposed by any governmental or semi- governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and natural calamities.

8.2 The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.

8.3 The Company shall not be liable for any damages, liability or losses arising out of: (i) the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or (ii) any transactions or relationship between the Hirer and any Mobility Solution Owner, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance of the Service resulting from causes beyond the Company’s reasonable control.

8.4 The Company’s aggregate liability to the Hirer for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will not exceed 15% of the Rent Price and the amount of compensation of insurance coverage paid by the Hirer to the Company in connection with the relevant Rent.

9. INDEMNITIES

9.1 The Hirer indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss (and any costs incurred in connection therewith) arising from:

(A) any violation of this Agreement by the User;

(B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the Hirer in connection with this Agreement;

(C) infringement of any Company’s or third parties’ intellectual property rights or other rights in connection with the User’s use of the Service and the Site and its contents.

10. USER’S CONSENT TO ADVERTISING MESSAGES AND PRIVACY POLICY

10.1 The Hirer agrees to receive advertising messages from the Company. The Hirer has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the Hirer received such messages.

10.2 The Company shall collect and process only those personal data of the Hirer which are required to be processed for the use of the Service or necessary to provide the Service.

10.3 The Hirer hereby gives his consent on processing and collection of his personal data to the extent and for the purposes specified in this Agreement and in Confidentiality Policy posted on the Site.

10.4 The Company shall take all necessary and sufficient organizational and technical measures to protect the User’s personal data from illegal or accidental access, destruction, alteration, blocking, copying, or distribution, as well as from other illegal actions with such data by third parties.

10.5 In order for the Service to work more efficiently the Site uses cookie files. By starting to use the Service, the Hirer agrees to the use of cookie files. The Hirer may find out more on the Site about the main terms of cookies using by the Company.

10.6 With regards to the personal data protection the Company follows Kenya’s Data Protection Act, 2019.

11. PROHIBITION OF DISCRIMINATION

11.1 Discrimination refers to any distinction, exclusion, restriction or preference in the rights and freedoms of an individual or a group of individuals, as well as support for discriminatory behavior.

11.2 In accordance with the Kenyan laws, any discrimination, in particular on grounds of sex, race, color, ethnic or social origin, genetic traits , Language, religion or belief, political or any other views, membership of a national minority, property status, birth, disability, age or sexual orientation. The prohibition of discrimination is the basic principle of international law, recognized and actively supported by the entire world community.

11.3 When using the Service, the Hirer shall be tolerant and not specify in the requests any requirements of a discriminatory nature, in particular the requirement that the transportation services be provided by a Mobility Solution Provider of a certain sex, race, nationality, sexual orientation. If the Hirer indicates discriminatory requirements, the Service reserve the right to reject the request and terminate the Agreement with the Hirer (to block the access to the Personal Account).

12. ASSIGNMENT AND NOVATION

12.1 The Company may assign, transfer, novate or otherwise deal in any manner, all or any part of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the User’s consent and in any way the Company considers appropriate.

12.2 The Hirer agrees that it may not claim against any assignee or any other person who has an interest in this Agreement, any right of set off or other rights that the Hirer has against the Company.

13. TERM AND TERMINATION

13.1 This Agreement will commence at the moment specified in clause 1.1 and shall continue until terminated in accordance with this paragraph 13.

13.2 Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the Hire rand it without prior notice or need to specify reasons, including if:

(A) the Hirer has breached any provision of this Agreement or acted in a manner which clearly shows that the Hirer does not intend to or is unable to comply with any provision in this Agreement;

(B) The Company reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or

(C) the Company determines that performing its obligations under this Agreement is no longer commercially viable.

13.3 The Company will inform the Hirer of such termination by notice in accordance with clause 18.

14. WAIVER OF SET-OFF

The Hirer acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the Hirer might otherwise have under this Agreement under the laws of any jurisdiction.

15. GOVERNING LAW

This Agreement is governed by and must be construed in accordance with the law of the Republic of Kenya.

16. SOLUTION OF DISPUTES

16.1 Any dispute and controversy, which may arise during the fulfillment hereof, shall be settled, as far as possible, by negotiations between the Parties.

16.2 If there is a dispute between the Parties resulting from, arising out of, or in connection with this Contract or related to its subject matter, the dispute shall be resolved through judicial procedure in accordance with applicable laws of Kenya.

17. THIRD PARTY RIGHTS

Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.

18. NOTICES

18.1 The Hirer agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the Hirer registers to its account, and that such notice is deemed to be effective and received by the Hirer at the time when it is published on the Site, or, if earlier, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.

18.2 Notices to the Company may be directed to the email address support@Bonded Mobility.com specified on the Web-site.

18.3 The Hirer agrees to receive advertising messages from the Company and is able to refuse receiving such advertising messages via the Web-site.

19. NO WAIVER

No failure or delay on the part of the Company to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Company of any right, power or remedy.

20. SEVERABILITY

If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This section 20 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.

21. LANGUAGES

This Agreement is made in English; translations to other languages are for information purpose only and not legally binding. In case of any inconsistency, the English version shall prevail.